Legal - vdma.org

On December 7, 2023, the Federal Joint Committee (G-BA) defined the details for determining incapacity for work by telephone.

The VDMA's traditional series of tips is being continued.

Do employees have to be available to receive roster changes during their free time?

Risk of fines for non-registration in the transparency register and obligation to register with the Financial Intelligence Unit (FIU) for obliged entities under the GWG by 01.01.2027

The Fourth Ordinance on the Adjustment of the Level of the Minimum Wage (Fourth Minimum Wage Adjustment Ordinance - MiLoV4) was published in the Federal Law Gazette on November 29, 2023.

The draft of the Budget Financing Act provides for a reduction in the income threshold for receiving parental allowance.

The VDMA comments on the EU Commission's proposal to regulate SEPs

The monthly legal update for the mechanical engineering industry - exclusively for member companies

It's that time again: The thresholds for EU-wide procurement procedures have been reviewed by the EU Commission and adjusted as of 01.01.2024.

Artisanal and industrial products are to receive directly applicable protection at EU level similar to geographical indications in the agricultural sector.

The EU Data Act was adopted by the European Parliament on 9.11.2023. It is expected to come into force at the beginning of 2024. A VDMA FAQ document has been prepared and updated to provide non-binding guidance.

Guides, fact sheets and more for our members: The "focus Recht" series and other publications from the legal department address legal issues for members in a clear and comprehensible manner.

The Federal Cartel Office has received new powers of investigation and intervention, further, disgorgement has been simplified. The 11th Amendment of the ARC at a glance.

This regulation also places data traffic between companies on a new footing. Companies are well advised to analyze their data streams and flows in order to be able to implement the requirements of the EU Data Act in good time.

The EU Data Act puts data traffic between companies on a new footing. For industrial SMEs, this is both an opportunity and a risk. Politicians must not leave companies out in the cold.

Incapacity to work due to illness also possible in the case of asymptomatic corona infection

The works council has a right of initiative for the organization of working time recording

Opportunity to participate in survey on the impact of the LkSG on companies until November 17, 2023.

Action is required for all companies with at least 50 employees

The ECJ has ruled that access by independent economic operators to vehicle repair and maintenance information as well as to on-board diagnostic system information may only be subject to the conditions set out in the relevant regulation.

The EU-Commission has published a proposal for a Regulation to combat late payments. We welcome the objective, but demand that contractual freedom be taken into account.

The VDMA handout on the implementation of the DSGVO has been revised. It is now available in a second edition in German and English exclusively for VDMA members.

A commission of experts on the regulation of works council compensation has published its initial findings. According to the commission's proposals, Section 37 (4) of the Works Council Constitution Act (BetrVG) is to be revised and Section 78 of the Works Council Constitution Act (BetrVG) is to be supplemented.

On November 23, 2023, the free VDMA event will take place at Kap Europa, Osloer Straße 5, 60327 Frankfurt am Main from 10:00 am to 5:00 pm.

In its decision, the court clarifies that the merger of companies at issue does not involve the transfer of personal data to third parties under data protection law.

BAFA publishes handout on supply chain cooperation between obligated companies and their suppliers.

The EU Data Act aims to put data traffic on a new footing, including between companies. This could shift the center of power in the economy. For industrial SMEs, this law is both an opportunity and a risk.

As part of the "X-Forge BW" project led by Fraunhofer IPA, a guideline for the use of machine data was created together with well-known companies. This is available for download free of charge.

On the occasion of the new adequacy decision of the EU Commission for transfers of personal data from the EU to the US, the Data Protection Conference has published application notes on this.

BAFA has now made the reporting questionnaire available on its website as a "PDF file".

We support the introduction of a whistleblower office.

A claim for reimbursement of expenses pursuant to Section 439 (3) of the German Civil Code (Bürgerliches Gesetzbuch - BGB) may arise even if a material defect is already apparent in the prefabrication process and the actual installation no longer takes place.

In the context of working time compliance, the correct handling of travel times is central. Do they count as working time or rest time?

Logging in at home and not starting work until later in the office can justify a suspicion of dismissal for working time fraud.

Evidence from video surveillance that is inadmissible under data protection law can be taken into account by the labor court in unfair dismissal proceedings.

The Düsseldorf Court of Appeals ruled that a limited company cannot claim recourse against a former managing director for an antitrust fine.

The Higher Regional Court of Hamburg (judgment of March 30, 2023 - Case No. 5 U 77/21) decided, among other things, the question of whether a work of applied art eligible for copyright protection or a mere technical product exists.

The ECJ has ruled that the Federal Cartel Office may also base its decisions on infringements of data protection laws. This has far-reaching consequences - not only in the digital sector.

The EU Commission adopted its adequacy decision for the "EU-U.S. Data Privacy Framework" on July 10, 2023. This removes legal uncertainty for transatlantic data transfers following the 2020 EU Court of Justice ruling.

The EU-Commission has proposed legislation to facilitate cooperation between data protection authorities in enforcing the General Data Protection Regulation in cross-border cases.

The Spanish EU Presidency will be one of the last opportunities to finalise outstanding EU legislative proposals. VDMA calls on the Spanish EU Presidency to take the interests of our industry into account.

At its meeting on June 26, 2023, the Minimum Wage Commission decided by a majority, against the votes of the employee side, on a mediation proposal by the chairwoman.

The focus RECHT publication on general terms and conditions is now available on the current status 2023.

The special rule on telephone sick leave from the Corona pandemic has now expired. Lawmakers plan to make the provision permanent.

Employers and IG Metall have reached agreement on a new collective agreement on industry surcharges for temporary workers in the metal and electrical industry (TV BZ ME).

In its ruling dated June 6, 2023 (9 AZR 383/19), the Federal Labor Court (Bundesarbeitsgericht - BAG) clarified that the chairmanship of the works council typically precludes the position of data protection officer.

The unitary patent system entered into force on 1 June 2023 and thus the Unified Patent Court has started its work. A long-standing demand of the VDMA has finally been fulfilled.

Companies should take action now at the latest and set up an internal reporting office.

The effectiveness of insolvency-dependent severance clauses depends on the individual case.

The European Parliament plenary adopted a resolution on the adequacy of the protection provided by the EU-US data protection framework on May 11, 2023.